Direitos da personalidade: uma análise acerca da concretização da tutela constitucional

It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ° of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens

Justiça restaurativa no sistema penal e processual penal como forma de concretização do estado democrático constitucional

Diante do atual modelo penal e processual penal não atender aos reclamos das partes interessadas, gerando um descrédito na Justiça de um modo geral, surge a Justiça Restaurativa como uma alternativa para solucionar tais problemas e como elemento de concretização do Estado Democrático Constitucional. A Constituição Federal de 1988 representa o símbolo maior do processo de democratização e de constitucionalização nacional. O Princípio da Dignidade da Pessoa contida no texto constitucional consiste num dos principais fundamentos da República Federativa do Brasil, funcionando como respaldo aos direitos e garantias fundamentais do cidadão, sobretudo na seara criminal. A partir do processo de constitucionalização nacional, ocorre uma releitura das legislações infra-constitucionais, que passam a ser interpretadas de acordo com o texto constitucional. Atualmente, a conjuntura jurídico-penal pátria está associada à ideia de garantismo, ligada ao conceito de Estado Democrático Constitucional. Apresenta-se a Justiça Restaurativa como um novo modelo de Justiça Penal, mais flexível e humanizado, visando além da aplicação da pena imposta pelo Estado, superar uma situação de conflito, na busca por resultados positivos no combate e redução da criminalidade, a satisfação da vítima e a mudança da cultura de violência, compatível com as diretrizes do Estado Democrático Constitucional. A partir da análise do direito internacional e de projetos e legislações nacionais envolvendo a Justiça Restaurativa, percebe-se a eficácia das medidas restaurativas na solução de conflitos dentro do Processo Penal, além da satisfação da vítima, do infrator e de familiares na participação dos encontros restaurativos, constituindo ferramenta de satisfação da dignidade humana, dentro de uma perspectiva humanista e garantista

A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

O jornal televisivo e o ensino/aprendizagem integrado de português língua materna e francês língua estrangeira

Pour beaucoup de chercheurs, il y a une crise à l école et dans l enseignement/apprentissage des langues qui est provoquée par un enseignement cloisonné et décontextualisé de la réalité. Dans ce type d enseignement/apprentissage, le livre scolaire a une présence si hégémonique qu il est la source quasi exclusive du discours pédagogique et on ne fait que très rarement usage des langages du quotidien des apprenants. Le langage télévisuel est un de ces langages qui pourraient être utilisé pour ciliter enseignement/apprentissage d une langue vivante, variée et en situation, car il permet l exploration de tous les composants de la compétence de communication. En même temps, ce langage pourrait servir à sensibiliser les apprenants à une éducation aux médias. Le journal télévisé peut favoriser un enseignement/apprentissage intégré de la langue maternelle et de la langue étrangère, grâce à son format, similaire dans plusieurs cultures, et à son importance en tant que reflet des valeurs socioculturels des sociétés. Ces qualités sont très favorables pour stimuler le transfert des compétences entre la langue maternelle et la langue étrangère, pour qu on puisse enseigner et apprendre une langue, et connaître une culture. Le journal télévisé est vu comme une source d information et son analyse en classe peut contribuer à la formation d un apprenent/citoyen actualisé, critique et conscient des problèmes et des répresentations des sociétés

Dos tempos de escola aos dias atuais: reminiscências duradouras da experiência escolar

Este estudo trata sobre as marcas da experiência escolar no processo de individuação do sujeito e tem como objetivo geral conhecer de que forma essas experiências, a despeito das questões curriculares e pedagógicas, influenciam esse processo. Buscou-se interpretar as experiências reforçadas durante a escolarização e as trajetórias de enfrentamento das diversas situações vividas na escola. Tentou-se, também, compreender o sentido dos acontecimentos escolares críticos e igualmente como o meio familiar pode influenciar nas escolhas e formação dos sujeitos através do investimento pedagógico. Ademais, refletiu-se sobre os motivos que levaram alguns a permanecerem no ambiente escolar seja como estudante ou mais tarde, do lado de lá, como professor. Para tanto, foi realizada uma pesquisa qualitativa de inspiração fenomenológica utilizando-se de entrevistas narrativas com quatro sujeitos, a partir das quais se identificou as principais características, estrutura, condições de origem, o contexto social, as estratégias escolares, as formas como foram manejadas e suas conseqüências. A análise dos relatos deixou claro dois eixos fundamentais da experiência escolar que se destacam na constituição dos sujeitos: de um lado a dinâmica do ambiente escolar vivido deixou marcas indeléveis na memória que foram determinantes para as escolhas pessoais; por outro lado, a referência familiar, através das suas várias formas de investimento pedagógico, teve uma influência decisiva. As marcas combinadas da escola e da família deixaram um legado importante para formação dos sujeitos e para as escolhas que fizeram durante as suas vidas, especialmente no direcionamento da suas carreiras profissionais. Invariavelmente, percebeu-se na investigação, que muito do aluno que se foi persiste no adulto e profissional de hoje. Assim, o Eu escolar é parte do Eu profissional que existe em cada um. O cidadão, a pessoa e o profissional são derivados dos processos de socialização e individuação, os quais em grande parte se definem durante a vida escolar. E é com o uso desse "capital escolar" , adquirido nos tempos de escola, que temos condições de desenvolver os muitos papéis sociais nos dias atuais.

Dos tempos de escola aso dias atuais reminiscências duradousras da experiência escolar

This study it treats on the marks of the school experience in the individuation process of the subject and has as general aim to know of that it forms these experiences, the spite of the curricular and pedagogical questions, influences this process. It searched to interpret the experiences strengthened during the school education and the trajectories of confrontation of the diverse situations lived in the school. It was tried,also,to understand the direction of the critical school events and equally as the familiar way can influence in the choices and formation of the citizens through the pedagogical investment. Furthermore, it was reflected on the reasons that had taken some to remain in the school environment are as student or, later, of the side of there ,as teacher. For in such a way, it realized a qualitative research with a phenomenological inspiration using narratives interviews carried with four subjects, from which if it identified the main characteristics, structure, conditions of origin, the social context, the school strategies, the forms as they had been managed and its consequences. The analysis of the stories clearly left two basic axles about the school experience that if detach in the constitution of the subjects: in a hand, the dynamics of the lived school environment left undeleted marks in the memory that had been determinative for the personal choices; on the other hand,the familiar reference, through its different forms of pedagogical investment,had a decisive influence. The agreed marks of the school and the family had left an important legacy for formation of the subjects and the choices that had made during their lives, especially in the aiming of its professional careers. Invariably, it was perceived in the inquiry, that much of the pupil who if was persists in the adult and professional of today. Thus, the school I it s part of professional I that it exists in each one. The citizen, the person and the professional are derived from the processes of socialization and individuation, which to a large extent are defined during the school life. And it s with the use of this school capital , acquired in the school times, that we have conditions to develop the many social roles in the current days

Programa alfabetização solidária: um estudo sobre a experiência no município de Lagoa de Pedras/RN (1997 - 2003)

The educational reform of the 90 s was tainted by the objectives of the fiscal adjustments, resulting in the redefinition of the state s role in the financing and offering of teaching services, and bringing about a shuffling of the responsibility between the public and private sectors to promote education to young people and adults. The 90 s also highlighted the proliferation of providers and the multiplication of Educational Programs for Youths and Adults (EJA), implemented through partnerships between governmental and nongovernmental agencies. During this period of time, the agenda of educational responsibilities concerning analphabetism was organized in a process of decentralized of the state, with the following political, social, and economic objectives: to reduce the public deficit, increasing public savings and the financial capacity of the state to concentrate resources in areas considered indispensable to direct intervention; to increase the efficiency of the social services moffered or funded by the state, giving citizens more at a lower cost, and spreading services to more remote areas, expanding access to reach those most in need; to increase the participation of citizens in public management, stimulating communitarian acts as well as developing efforts towards the effective coordination of public figures in the implementation of associated social services. Thus, Assistance Programs co-financed by the government try to deal with the problem of analphabetism. Within the sphere of the 90 s educational policy decentralization, we come to see how the agenda dedicated to the reduction of analphabetism was formed by the Solidarity Alphabetization Program (PAS). Between 1997 and 2003, the latter agenda s decentralizing proposal was integrated in the management partnership for the operationalization of tasks and resources faced with the execution of the formal objectives. In this study, we identify the dimensions of the implantation and progress of the tasks carried out by PAS, in the municipality of Lagoa de Pedras/RN. However, we consider these Programs to assist in the process without guaranteeing the reduction of the causes or substituting the responsibility of the system once the monetary resources for program maintenance provided by the partners is exhausted

A formação de professores surdos de Libras: a centralidade de ambientes bilíngues em sua formação

The study object of this thesis intertwines the history of deaf education in the last 30 years in three schools for the deaf in the cities of Campina Grande, Gado Bravo and Aroeiras, Paraiba, the life stories of six deaf teachers of brasilian sign language (Libras) that have formed and works in these educational institutions for the deaf and our own journey, as a teacher and researcher. The study was conducted on the theoretical-methodological principles of (auto)biographical research in education and socio-historical studies on the social formation of the human. The corpus used for analysis was consisted of six narrative interviews conducted in sign language and transcribed into portuguese, documents and personal files and institutional. The analysis allowed us to define three hinge moments of this story: the creation of the first school for the deaf, within the framework of oralism (1980 - 1991), the passage into the Total Communication (1991 - 1995) and, finally, the introduction of Bilingualism (1995 to today). The analyzes show that the trajectories of teacher formation of the research participants reflect the history of the three schools which have costituted bilingual social spaces of paramount importance to the subjects and the deaf community as a group of linguistic and cultural minority. The evolution of this trajectory has allowed to demarcate between the two generations of research participants. The generation of heirs of oralism, which had delayed access to the Libras and lived an education referenced in oralism, whose reminiscences of childhood and adolescence are strongly marked by suffering for the lack of communication, which hinders their social and professional career until today. And the generation of the sons of bilingualism, the youngest in age, who had childhood access to Libras and education within the framework of bilingualism, whose reminiscences are not marked by suffering and have a positive vision of the future. With respect to your teacher formation, three figures stand out as a teacher. The teacher's improvised, closer to the first generation of teachers who were called to teach without proper training. The figure of the teacher craftsman, which corresponds to the image that most of them have of yourself now, understanding that their knowledge are based on the exchange between peers. And finally the figure of the real teacher, which stands on the horizon of expectations as future graduates in Letters |Libras. The narratives allowed to realize that the evolution between these figures is based on the contributions of the other: hearing teachers of EDAC and the Federal University of Campina Grande and deaf teachers of the two generations who learn from each other. The analyzes and reflections allowed to defend the thesis of the centrality of bilingual environments for the establishment of the deaf person as a citizen with full rights, based on the voice of the deaf, muted by the history of education, conducted by listeners

Redes de educação ambiental: um meio como proposta pedagógica para o mundo entrelaçado

The networks terminology has been growing in different meanings, in which emergent structures coming from one not so recently typology aquired, in the 90 s, fluid shapes impelled by waves without borders of the New Information and Communication Technologies. Ever since, the pattern and the morphology are being multiply and strengthen. With this backdrop, this study deals with the Education for Environment Networks, as a political and social, educative and cultural alternative intervention, as an answer for some contemporary demands. But what are these networks? In wich way they organize themselves to germinate political actions? Where is the core of these actions? What are their limits or potentialities? These are some of the questions that are presented along the study proposed. Therefore, we have in view to unveil the network social and environmental pedagogic dimension, as an alternative proposal towards to the planetary cintzenship formation for persons and coletivity. The study employs the exploration reasearch as the analysis of the organizational reference basis and the dinamics of conections that support the dialogue among the groups that belong to the Education for Environment Networks. We conclude that the networks overcome themselves as a powerfull tool to articulate and moblize people. They establish a potential pedagogic act for political and social intervention, as an alternative proposal for the citizen formation and his world vision. We sinalize that the networks are sometimes limited by the poorness of knowledge that still remains on those who find themselves twisted on them, and on the decreasing optics by those who are absent.

Atos, cenas e ações: encenações teatrais do multicampiartes no Pará

A pesquisa analisa o fazer teatral no âmbito do Programa Multicampiartes da Universidade Federal do Pará, principalmente com relação ao processo metodológico desenvolvido nas oficinas de teatro, nas cidades de Castanhal, Abaetetuba e Altamira. A análise tem como base os desdobramentos do fazer teatral como prática educativa e a articulação dos saberes dos artistas locais com os saberes dos professores do Programa. Acreditamos que essa articulação mediada pelo fazer teatral, contribui para a tomada de consciência de desejos, valores, inspirações permitindo a ampliação da sensibilidade e do juízo crítico do cidadão, tornando-o mais participativo e preparado para as escolhas no caminho da cidadania e da hominização. Fundamentamo-nos, especialmente, nas idéias de Paulo Freire (1987, 1981, 1996) e Augusto Boal (1991, 2003) por evidenciarmos e defendermos um fazer teatral implicado com as questões vivenciadas pelos homens no seu lócus de ação. Essa fundamentação pressupõe que a linguagem teatral é comprometida com a realidade sóciocultural, podendo atuar sobre ela e transformá-la. Metodologicamente, optamos pela análise das impressões e avaliação dos participantes através de depoimentos sobre a metodologia desenvolvida nas oficinas teatrais e suas implicações sócio-educativas nas comunidades. Os resultados apontam para uma diversidade de caminhos, dos quais destacamos: (a) a importância da presença da Universidade nas cidades como forma de reconhecimento do potencial artístico dos artistas locais; (b) as implicações na metodologia de trabalho organizada pelos professores do programa, cuja característica principal foi a flexibilidade e a disponibilidade para o inesperado que permitia maior vinculação com a comunidade local e maior envolvimento na formação no âmbito do Programa Multicampiartes. Apontamos, finalmente, a necessidade de organização de programas e ações que avancem no sentido da formação do cidadão, fora os muros da universidade e no cumprimento do seu papel, responsabilidade e compromisso social

Os conselhos como mecanismos de democratização da política educacional :participação e poder de decisão nas ações do Conselho de Controle Social do FUNDEF no município de Parnamirim/RN

This study board the FUNDEF social control council implementation in Parnamirim/RN city, concerning their representatives participation in the accompaniment (decision power) in resort, in front of governmental politics of decentralization, unleashed in 90´s, seen in decentralization process needs the society participation in decisions of educative institutions and represent an efficient way of solve the problems difficult the educational management actions. For this, the council creation of Brazil manager configure, since the 80´s, detaching, and the single characterizing, in actual context. The objective is raise pertinent questions of thematic of representatives members participation of collegiate organs, evidencing the decision power of these, in public resource control. The theory-methodological referential the literature treat the participation and power decision of FUNDEF social control decision, such as politics directrix that rules this council. It utilizes as proceeding of collecting data the semi-structured interview and analyze of meeting register to understand the empirics of council implantation in this city, in view of that the electoral process configured in 2003, showed as a innovation, because the counselor is indicated by the local public power representatives (in this case the education municipal secretary). The research result show the representatives have difficult, to accompany the FUNDEF resources amount, particularly in concern in the financial resources (ratio) over plus. Finally, emphasize the importance of democratization in the relations between the state and civil society, elucidating and exciting reflections a: democratic participation in control of public recourses for education, educational management and civil society mobilization in access of public and cultural cash which the citizen has rights

Envelhecer entre pássaros e anjos: um estudo etnográfico sobre o processo saúde doença do idoso no contexto familiar

Study, a descriptive-like one, is guided by ethnographic principles which have analyzed the elderly within the familiar context in his/her process of health and aging, in the neighborhood called Felipe Camarão, located in the western administrative region of Natal, RN, a Northeastern city of Brazil. The participants are elders aging 61 to 84 years old, living in this referring neighborhood, whose majority is constituted of migrants from the rural region of the state of the RN, retired, including widows, widowers and married couples, with low school-educational degree. For the information gathering it was utilized a semi-structured interview, the participant observation and the field diary, being put into effect, in majority, in the houses and in the Family Health Unit, in a period between March and October of 2006. For the results discussion it was utilized an analysis of thematic content and the program ALCESTE (In Portuguese, Análise Léxica por Contexto de um Conjunto de Segmentos de Texto or Lexical Analysis by Context of a Set of Text Segments), which through have emerged two corpus: the corpus I, Family and the elderly, and corpus II, The elderly and the aging within society. The analysis of the results has permitted to conclude that the family, also used by the public policies as a strategy of their practices in health, it is a necessary base support for the elderly citizen in his/her process of aging and of health. The elders familiar contexts have allowed this study to identify the existence of minimal social conditions of life, of new rearrangements of the current families by means of the plurigenerational acquaintanceship and the active presence of the elderly woman as a maintainer of this family; also by means of conflicted relationships among one another but in a bearable level of acquaintanceship. Different conceptions about the aging and the elderly generate disagreement and divergency however the family support and help for the solving of these problems and the attention to health are proceeding from the family components. However, it is noticed that loneliness is something present in these elder s everyday lives. About the attention to health, in a basic level of it, it was noticed that there are still a lot of gaps, mainly concerning promotional and preventing actions, deserving a higher sensitization and effort by the local health institutions

Saúde Mental e enfermagem: em busca da integralidade na ESF

The present work shows an inquiry about the conceptions and practical work of the nursing professionals on the accompaniment of mental sick patients in the Family s Health Strategy, under the approach of the completeness in health. The justification of this research is given by bringing an special attention concerning the subjet to these professionals of health: the gradual abandonment of the traditional manicomial model leads to the insertion of mental patients in the community . The nursing professionals must be prepared to receive these patients in the basic net of health and contribute to help their adaptation and insertion in the social environment as citizen. In this context, considering the entire attention to the mental health, it is important to detach that the assistance to the patient must search his reinsertion in the community by providing programs that develops his sociability. This analytical study was developed using a qualitative approach and a thematic verbal history. Ten nurses of Nova Natal s Health of the Family Unit, of Felipe Camarão Mista s Unit and of Cidade da Esperança s Health Unit contributed for its development . The information was acquired through an instrument research that made possible the accomplishment of the interviews. These ones were set previously and counted on the assent of the participants. The interviews were recorded and analyzed in accordance with the pertinent literature concerning the subject. The aggregation of the information was then discussed. At this moment three thematic axles were defined dividing the categories of analysis. According to the results of the interviews, the practical procedure given to the patients with mental upheaval is resumed by the prescription of psicotroprics medicaments. It doesn t provide an accompaniment by the professionals of health, specifically, nurses, to the patients and their families. The lack of qualification and a multi-professional team emerged as one of the challenges for the implementation of practical procedures towards the patients with mental upheaval. Therefore, the results of this research show the necessity of transformations in the current scene of the mental health in the Family s Health Strategy. These changes can be reached by politics investments on the mental health area, not only financially but by providing human resources that should allow the professionals to exert the completeness procedures

Relatos de uma vivência interdisciplinar: educação, saúde e cidadania

This study addresses the interdisciplinary training in perspective for the Brazilian Health System (SUS) in view of graduation students in the areas of health of Federal University of Rio Grande do Norte s (UFRN) former students of the course Health and Citizenship (SACI). Emphasizes also the importance of commitment to social policies, particularly with those focused on the area of health. This is a case study with a qualitative approach. There was the lifting of data through documental research, from 14 portfolios of learning, which are weekly records of students from the respective discipline, corresponding to 2005.2 to 2007.2 semesters. From the analysis undertaken, inferred that the methodology problematizing, used by the discipline, enables students to understand that learning is not restricted to the confined university walls. It shows the health from a complex and concrete social reality, allowing students to an interdisciplinary dialogue in search of the transformation of this reality. It means an opportunity to interact with the dynamics of society in their area of activities, developing a relationship of solidarity in the formation of the citizen. Moreover, it was clear the direction of experienced interdisciplinary and recognized by students of various professions that make up the discipline. Thus, the SACI in preparation for construction of SUS, helps to form a new professional, more committed to the promotion and with a collective work in health

Cidadania ambiental em centros urbanos : um estudo com estudantes do ensino superior

This work presents a study of the ambient management in urban centers, considering the ambient perception as element necessary to develop in the population the conscience of the necessity to preserve the environment. For this, the attitudes and behaviors of the community, represented for students of an Institution had been evaluated, so that strategies and actions are traced that come to minimize the ambient degradation and to provide an aggregate sustainable development to the economic development. The objective of this research consists of studying the problematic one of the ambient management in urban centers under the point of view of the awareness, of the ambient perception and of the participation of the population, this because the ambient questions are inserted in the aspects that involve the practical life and the daily one, for what becomes excellent to understand that the environment is a right of all, therefore, must be preserved. The methodology used in this work constitutes in the application of a questionnaire with scales of the type likert contends variables that compose the acts and mannering aspects, beyond a partner-demographic scale. The Chi-square method was used in the analysis statistics de Pearson to verify the dependence of the associations between the partner-demographic 0 variable and the acts and mannering variables. The results point that the academic environment is opportune to deal with the subject, in view of that the ambient preservation goes for all the contents, and that the pupils of today will be able, in the future, in its areas of performance to plan action to safeguard the sustainable development. One concludes that the strategies to manage the environment pass for the awareness of the citizen, therefore when it is educated its attitudes will be more responsible, a time that the ambient concern will be present in its day-by-day. Therefore, the Public Power when planning programs of ambient preservation that comes to promote changes of habits of the population, such as: management of the solid residues generated by the population, recycling, programs of selective collections, ambient education, etc. the local community for the success of its actions will have to be involved